Resentence for the same offense or for offense based on the same conduct not to be more severe than prior sentence

§706-609 Resentence for the same offense or for offense based on the same conduct not to be more severe than prior sentence. When a conviction or sentence is set aside on direct or collateral attack, the court shall not impose a new sentence for the same offense, or for a different offense based on the same conduct, which is more severe than the prior sentence. [L 1972, c 9, pt of §1]